Canadian Child Born in Thailand
The question of citizenship can arise if a child is born outside of Canada specifically in Thailand to Canadian citizen parents. It is natural for parents to wonder if their child would automatically be or is eligible for Canadian citizenship considering that he is born within Thai territory.
A new law replacing the rules of the previous Citizenship Act of 1947 came into effect in 2009 and it said per Part 1 - The Right to Citizenship1 that a person is a Canadian citizen if by the time he was born in Thailand (at least) one of his parents is a citizen of Canada.
It also said that if the child was born outside of Canada to a Canadian parent post 1947 but has no or have lost citizenship by virtue of previous laws is now a Canadian citizen as prescribed by the new law of 2009 but this would only apply if a parent was born or naturalized in Canadian soil.
However, the same law provides that the child is not a Canadian citizen if he was born outside of Canada to a Canadian parent who has lost through revocation or has renounced his citizenship or if the child was born outside of Canada as a second generation onwards.
Nonetheless, the child born outside of Canada to a Canadian parent can file and application to clarify whether he is a really a Canadian citizen through the Canadian Citizenship Certificate.
He must provide the following documents:
- A fully completed form CIT 001.
- The child's original birth certificate that reflects the name of the child's parents. This birth certificate must be issued by the government where he was born, in this case Thailand, and to which a certified translation of the document must also be submitted since Thailand utilizes the Thai language on its official documents.
- At least 3 photos that adheres to published photograph specifications.
- Original birth certificate or citizenship certificate of the parent who, at the time of the child's birth, was already a Canadian citizen. If such parent was born in Quebec then the documents to be included are those issued by the Le Directeur de L'etat Civil (Registrar of Civil Status of the Province of Quebec) starting January 1, 1994 until present to provide proof of such parent's identity.
- The original marriage certificate. If the entries of the marriage certificate are not written in English or French then a certified translation should accompany it.
- Passports of both parents.
- Pay the fee of $75 (Canadian dollars) which can be paid in Thai baht or United States dollars.2
Furthermore, if a child born outside of Canada after February 14, 1977 but whose parent is a Canadian citizen who was also born outside of Canada to a Canadian parent can do the process of “retention” wherein the child must apply for and comply the requirements before he reaches the age of 28. This must be done, retaining one's citizenship, before reaching the age of 28 otherwise he will lose it altogether.
- 1 https://laws-lois.justice.gc.ca/eng/acts/C-29/page-2.html#h-3
- 2 https://www.canadainternational.gc.ca/thailand-thailande/consular_services_consulaires/citizenship-citoyennete.aspx?lang=eng